Aereo may have its business model declared illegal by the U.S. Supreme Court last month, causing it to suspend operations. But the company is planning to live in, with a new strategy to get around the Court’s ruling.
The strategy was laid out in a legal document filed with a U.S. District Court this week and posted to the company’s website.
According to Variety, which cited the document:
Aereo’s legal team is claiming that it is eligible for the same statutory license that cable companies pay in providing broadcast transmissions to their subscribers. Aereo cites the Supreme Court majority opinion, which was rooted in the idea that because Aereo was “substantially similar to” a cable system, it fell under provisions of the 1976 Copyright Act that target such multichannel distributors.
“The Supreme Court’s holding that Aereo is a cable system under the Copyright Act is significant because, as a cable system, Aereo is now entitled to the benefits of the copyright statutory license pursuant to the Copyright Act,” the company’s lawyers said in their letter to Nathan. “Aereo is proceeding to file the necessary statements of account and royalty fees.”
Aereo had previously claimed that it was not, in fact, similar to a cable company, but if the choice is changing your mind or going out of business, flip-flopping has its merits.
The pivot has already been rejected by the plaintiffs in the case, the cable companies.